March/April 2017  
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Asia-Pacific Tax Bulletin
 
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Issue No. 2 - 2017 of the Asia-Pacific Tax Bulletin is now available online.

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Number 2 - 2017 contains the following:
ARTICLES
India
Administrative and Structural Challenges with the Prospective Indian GST Regime
Saurabh Jain
This article canvasses the background to the introduction of the new comprehensive GST regime in India. The author then addresses some key reasons for introducing GST – expansion of the tax base, harmonization of India’s various indirect taxes and enhanced tax compliance – and shortcomings with the proposed regime; in particular, the multiplicity of rates, state- and federal-level duality of indirect taxes, involving multiple statutes, the treatment of petroleum products and the resultant failure of the new tax to eliminate the cascading effects of extant taxes, which was originally a key policy objective.
India
The Multilateral Instrument Era – Measuring the Impact on India
Mukesh Butani
In this article, the author discusses the ways in which the OECD’s BEPS Action 15 multilateral instrument may be adopted and interpreted in India. The author sets out the status of the instrument under the Indian Constitution, its interaction with domestic law and existing tax treaties, and the aids available to the courts for its interpretation. In this context, the article canvasses challenges faced by India arising from its OECD non-member observer status and its reservations in the OECD Commentary to certain interpretations of the language of the OECD model treaty.
India
Meaning of “Associated Enterprise” – Interplay between Sections 92A(1) and 92A(2) of the Income Tax Act
Abhishek Dugar
This article discusses the requirement under India’s domestic transfer pricing rules that a transaction must be entered into between associated enterprises. The author examines the components of the definition of “associated enterprise” in the Income Tax Act, and their inter-relationship. The competing contentions of taxpayers and the Income Tax Department are addressed, together with the decisions in three recent cases adjudicated by the Income Tax Appellate Authority.
Indonesia
The 2016 Tax Amnesty Law: Unveiling Beneficial Owners?
Adrianto Dwi Nugroho
This article seeks to establish the link between the rules on data and information management in the 2016 Indonesian Tax Amnesty Law and efforts to unveil beneficial ownership. The author addresses the importance for future tax compliance of including in the law detailed provisions on specification, maintenance and utilization of data, and information on beneficial owners of assets and income. He finds that the benefits granted by the tax amnesty are sufficient to ensure that declarations of onshore and offshore ownership of assets and income provide information that would otherwise be absent by enforcement of procedural tax laws. However, generic specification of data and information has hindered the opportunity for the government to discover beneficial ownership of assets. The tax amnesty legislation and its implementing regulations did not address the nature of business and purpose of transactions, both of which may determine whether a corporate or individual is the beneficial owner of income for tax treaty purposes. It is therefore arguable whether data and information acquired during the tax amnesty period will be useful for future tax compliance purposes.
Regional
Co-operative Tax Compliance: An Asia-Pacific Perspective
Satoru Araki
This article examines the co-operative compliance approach and enhancing relationships between tax administration bodies and large corporate taxpayers, adopted to increase tax collections and to efficiently monitor tax compliance. The author addresses theories underlying co-operative compliance, how it has been applied in five Asia-Pacific countries and its prospects for broader application in the Asia-Pacific region.
CASE NOTES
Australia
Location of Board Meetings Insufficient To Determine Place of Central Management and Control
Gaurav Gupta
This case note explains the High Court of Australia’s November 2016 decision in Bywater Investments Limited v. Commissioner of Taxation; Hua Wang Bank Berhad v. Commissioner of Taxation, concerning the application of the central management and control test to determine corporate residence in Australia. It also canvasses the salient points of the earlier decisions of the Federal Court of Australia and the Full Federal Court of Australia, which were upheld by the High Court.
INTERNATIONAL PERSPECTIVE ON ASIA-PACIFIC TAXATION AND INVESTMENT